YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
This website, BRKTHROUGH.com, and affiliated pages (the "Websites") are a service made available by BRKTHROUGH (BRKTHROUGH Overland Park , LLC), its partners, affiliates or subsidiaries ("BRKTHROUGH") and all content, information and software ordered or provided on or through the Websites ("Content") may be used solely under the following terms and conditions ("Terms of Use").
Intellectual Property
The BRKTHROUGH logo, and other marks and logos are the intellectual property of BRKTHROUGH Overland Park, LLC and its subsidiaries.
Our Site and all of its contents (including, without limitation, articles, text, photographs, images, illustrations, graphics, video material, audio material, and software (collectively, the “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by BRKTHROUGH or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.
Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of BRKTHROUGH or any third party. This Site is provided free of charge and is for informational purposes only and does not create a business or professional services relationship between you and BRKTHROUGH.
No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by BRKTHROUGH.
You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of personal interest to you for your personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this paragraph, you may not copy, download, display, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way use any of our Intellectual Property or the Site itself.
Links to Other Websites
Our Site may provide links to websites not operated by BRKTHROUGH. Access to any other websites linked to this Site is at your own risk. Such links do not imply, nor should you infer, BRKTHROUGH’s association, sponsorship, affiliation or endorsement of material on any other website, and BRKTHROUGH assumes no responsibility for third-party websites, including but not limited to any content contained on such websites. For example, BRKTHROUGH does not vouch for, or make any judgment or warranty with respect to, the accuracy, reliability or availability of the information or the goods or services offered on third-party websites, even if someone from BRKTHROUGH is quoted, leaves a comment, or our marketing or other materials make reference to that party’s website.
Although BRKTHROUGH may open a new browser window when you click on a link to a third party’s website, BRKTHROUGH does not guarantee that you will receive this alert when you leave the Site. It is your responsibility to determine when you have left this Site.
Unless otherwise set forth in a written agreement between you and BRKTHROUGH you may link your website to the home page of our Site, provided that you adhere to the following linking policy: (i) any link to BRKTHROUGH’s Site must be a text only link and clearly marked “BRKTHROUGH Site,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with BRKTHROUGH’s names and trademarks, (iii) the link must “point” to the URL www.brkthrough.com and not to other pages within the BRKTHROUGH Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with BRKTHROUGH, (v) when selected by a user, the link must display the BRKTHROUGH Site on full-screen and not within a “frame” on the linking Site, and (vi) BRKTHROUGH reserves the right to revoke its consent to the link at any time and in its sole discretion.
License of Your Content
Submission of any remarks, suggestions, material, information, ideas or other communications (each a “submission”) to this Site will be deemed to transfer to BRKTHROUGH all present and future ownership and intellectual property rights in such submission of every kind and nature everywhere. All such submissions by you are voluntary, and BRKTHROUGH has no obligation to treat such submissions as confidential or to compensate you for the submission. You agree that all such material, information and ideas are your own original works, and that they have not been published, publicly displayed, performed or transmitted in any manner whatsoever. In addition, you agree that you hereby waive all publicity rights and so-called “moral rights”. You agree that BRKTHROUGH has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you with the submission. If any court determines that BRKTHROUGH does not retain exclusive ownership of any such submissions, then BRKTHROUGH retains a royalty free, exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute the submissions throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.
BRKTHROUGH is not responsible for any submission on its social media pages, including but not limited to Facebook and Instagram, which feed into the Site. You shall not submit or otherwise publish through such social media pages any content which libels, defames or invades privacy, or is obscene, pornographic, abusive, or threatening; infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks; violates any law; advocates illegal activity; or advertises or otherwise solicits funds or is a solicitation for goods or services (collectively “Non-Approved Material”).
Third Party Communications. BRKTHROUGH disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. BRKTHROUGH assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, "Third Party Communications" means any communications directed to you from any third party directly or indirectly in connection with the Websites.
Registration.
Certain sections of the Websites require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform BRKTHROUGH of any changes to the information you have submitted. Each registration is for a single person only, unless specifically designated otherwise on the registration page. BRKTHROUGH does not permit a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Errors and Corrections.
BRKTHROUGH does not represent or warrant that the Websites will be error-free, free of viruses or other harmful components, or that defects will be corrected. BRKTHROUGH does not warrant or represent that the information available on or through the Websites will be correct, accurate, timely, or otherwise reliable. BRKTHROUGH may make improvements and/or changes to its features, functionality or Content at any time.
Proper Use of Our Site
You may not use this Site for any purpose that is unlawful or prohibited by this Terms and Conditions Agreement, or cause damage on or through this Site. You agree that none of your communications with or through the Site will violate any applicable local, state, national, international or other law. You further agree that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner.
You agree to defend, indemnify, and hold BRKTHROUGH, its affiliates, officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, causes of action, damages, losses, expenses, liabilities and settlements including, without limitation, reasonable legal and accounting fees and costs of suit, resulting from, or alleged to result from, or arising out of or in connection with, your use of the Site, including without limitation your use of the Site in a manner that violates or is alleged to violate this Terms and Conditions Agreement or any applicable law.
Disclaimer of Warranty and Limitation of Liability
BRKTHROUGH does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.
THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BRKTHROUGH, ITS AFFILIATES, LICENSORS, SUPPLIERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL BRKTHROUGH, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE, ITS FEATURES AND/OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN BRKTHROUGH OR ANY SUCH OTHER PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
BRKTHROUGH, ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEATURES OF OR INFORMATION AVAILABLE ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. BRKTHROUGH UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY OR CURRENCY OF SUCH INFORMATION.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability of BRKTHROUGH or any affiliate, licensor, supplier or any other party involved in creating this Site and/or its contents, to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is less. You agree to bring any and all actions within one year from the date the cause of action first occurred and that actions brought after this date will be forever barred.
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
Feedback and Submissions
Submission of any remarks, suggestions, material, information, ideas or other communications (each a “submission”) to this Site will be deemed to transfer to BRKTHROUGH all present and future ownership and intellectual property rights in such submission of every kind and nature everywhere. All such submissions by you are voluntary, and BRKTHROUGH has no obligation to treat such submissions as confidential or to compensate you for the submission. You agree that all such material, information and ideas are your own original works, and that they have not been published, publicly displayed, performed or transmitted in any manner whatsoever. In addition, you agree that you hereby waive all publicity rights and so-called “moral rights”. You agree that BRKTHROUGH has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you with the submission. If any court determines that BRKTHROUGH does not retain exclusive ownership of any such submissions, then BRKTHROUGH retains a royalty free, exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute the submissions throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.
BRKTHROUGH is not responsible for any submission on its social media pages, including but not limited to Facebook and Twitter, which feed into the Site. You shall not submit or otherwise publish through such social media pages any content which libels, defames or invades privacy, or is obscene, pornographic, abusive, or threatening; infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks; violates any law; advocates illegal activity; or advertises or otherwise solicits funds or is a solicitation for goods or services (collectively “Non-Approved Material”).
Additional Terms
BRKTHROUGH may terminate your access to this Site immediately without notice if, in BRKTHROUGH’s sole discretion, you fail to comply with any of the terms of this Terms and Conditions Agreement. You may terminate this Terms and Conditions Agreement, immediately without notice to BRKTHROUGH, at any time by discontinuing your use of the Site, and your use of any information you have obtained from the Site. The paragraphs entitled “Intellectual Property,” “Disclaimer of Warranty and Limitation of Liability,” “Feedback and Submissions,” “Additional Terms,” and “Governing Law and Jurisdiction” shall survive termination of this Terms and Conditions Agreement for any reason.
BRKTHROUGH reserves the right to seek all remedies available at law and in equity for violations of this Terms and Conditions Agreement, including suspending or blocking your access to the Site. In addition to this Terms and Conditions Agreement, please see our privacy policy for our policies regarding privacy, which is incorporated herein by reference (“Privacy Policy”).
Certain areas within this Site, may be governed by additional terms and conditions (“Additional Terms”) presented in conjunction with those areas. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms and Conditions Agreement both apply. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms and Conditions Agreement, this Terms and Conditions Agreement control.
Privacy and Children’s Information
Please see our Privacy Policy for more information about the steps we take to protect your privacy. With respect to children’s privacy, we do not knowingly collect any personally identifiable information from children under the age of thirteen years. This Site is directed to adults at least 13 years old, and when a user discloses personal information on this Site, the user is representing to us that he or she is 13 years or older, or if he or she is under age 13 that he or she is using this Site with the involvement of a parent or guardian.
No Waiver
No delay or failure by BRKTHROUGH to enforce any of these Terms and Conditions Agreement shall constitute a waiver of any of our rights under this Terms and Conditions Agreement. Neither the receipt of any funds by BRKTHROUGH nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of this Terms and Conditions Agreement. Only a specific, written waiver signed by an authorized representative of BRKTHROUGH shall have any legal effect.
Severability
If any clause or provision set forth in this Terms and Conditions Agreement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
Governing Law and Jurisdiction
This BRKTHROUGH Site is operated by BRKTHROUGH International, Inc., a Kansas corporation. BRKTHROUGH makes no representation that the information in this Site is appropriate or available for use outside of the United States, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you access this Site from outside the United States, be advised this Site may contain references to products and services that are not available or are prohibited in your country. Those who choose to access this Site from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. This Terms and Conditions Agreement and all policies and documents incorporated herein by reference constitute the entire agreement between BRKTHROUGH and you with respect to the subject matter herein.
This Terms and Conditions Agreement and any disputes arising under or related to this Terms and Conditions Agreement, Privacy Policy and/or any additional terms to this Site shall be governed by the laws of the State of Kansas without reference to its conflict of law principles. You agree to submit to the exclusive personal jurisdiction and venue of the courts located within Dallas County, Texas for any legal proceeding arising from this Terms and Conditions Agreement, Privacy Policy and/or any additional terms to this Site, regardless of the cause of action or which party has initiated the legal proceeding.
